What is the burden of proof in a business litigation case?

In a business litigation case in Indiana, the burden of proof is placed on the plaintiff, or person bringing the court case. It is their responsibility to prove that their claim is true and that the defendant, or person being sued, is liable for the damages. The plaintiff must prove their claim is true by a “preponderance of the evidence,” which is sometimes referred to as the “balance of probabilities”. This means that the plaintiff must prove that is more likely than not that the claim is true, or that the evidence they have presented is more convincing and persuasive than any evidence that the defendant has presented. The burden of proof in a business litigation case is relevant because it dictates which person is responsible for showing that their claim is true. In most cases, the burden of proof is placed on the plaintiff, so if they cannot prove their claim is true, then the court will likely decide in favor of the defendant. Each party’s attorney will try to collect as much evidence as possible to support their claim, but ultimately it is the plaintiff’s responsibility to prove their claim is true.

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